- Prepare for Modifications: Since schedules were likely disrupted for many contracts and subcontracts you will likely need a modification to your performance schedule which in turn may impact your price and other SOW more generally. And, don’t forget we now have a revolutionized FAR so, that may result in mods as well.
- Request an Equitable Adjustment: If the shutdown or stop work orders resulted in increased costs to you, depending on your contracts and on what the increased costs were, you may be able to seek an equitable adjustment from the government for the increased costs. Gather the documentation to support these costs and prepare to submit your request for equitable adjustment, if this applies to your contracts.
- Check Out Agency Sites: Agencies may start posting some guidance. Check the websites of the agencies you work with for new guidance.
- Reach Out to Contracting Officers: Give your contracting officers a call to check in, see what they expect from you, and talk mods and equitable adjustments if needed. Remember, always document the details of your talks with contracting officers and send a follow up email confirming your plan. Give them some grace though – they will be swamped.
- Look for Opportunities: RFPs and other opportunities for fed govt contractors may have been halted or entirely killed. Check SAM.gov for opportunities that may be extended or reissued.
- Coordinate With Business Partners: Check in with your prime contractors or subcontractors so you can align with them on any modifications that may be needed or to see if they are going to look for equitable adjustments. Your contracts should have clauses that direct what the parties need to do. Review your contracts – then reach out to your business partners.
- Audits and Investigations Will Be Restarted.
Paused DCAA audits and DOJ, FBI or IG investigations will resume. So if you were under audit or investigation, look to hear from the auditors or investigators. Be prepared to provide requested documents and, be sure to track what you give to auditors and investigators. Sometimes they forget or lose what they have been provided.
The Lights Are Back On: Post Shutdown Fed Govt Contractor Actions
